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HomeMy WebLinkAbout2009-06-08 - City Commission Workshop Meeting MinutesCITY OF TAMARAC NOTICE OF WORKSHOP MEETING CITY COMMISSION OF TAMARAC, FLORIDA CITY HALL - CONFERENCE ROOM 105 MONDAY JUNE 8, 2009 CALL TO ORDER: Mayor Flansbaum-Talabisco called the workshop meeting of the City Commission to order at 9:30 a.m. on Monday, June 8, 2009 in Room 105, Tamarac City Hall, 7525 N.W. 88th Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Patricia Atkins -Grad, Commissioner Pamela Bushnell, Commissioner Diane Glasser, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Deputy City Manager/Interim Financial Services Director Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Flansbaum-Talabisco led the pledge of allegiance. 1. Item No. 6(g) on the Consent Agenda. NW 50th AVENUE SIDEWALK EASEMENT: (TR11630) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute a Sidewalk Easement with the estate of Jacob Lutz, for the NW 50th Avenue Sidewalk Project, Authorizing and directing the City Clerk to record said agreement in the public records of Broward County; providing for conflicts; providing for severability; and providing for an effective date. Public Works Director Strain gave a presentation. 2. Item No. 6(e) on the Consent Agenda. SUPPORTING BROWARD COUNTY'S FUNDING OF SCHOOL RESOURCE OFFICERS: (TR11633) A Resolution of the City Commission of the City of Tamarac, Florida urging the Board of County Commissioners for Broward County and the School Board of Broward County to ensure that there is sufficient funding to provide School Resource Officers for all schools located in Broward County; providing for conflicts; providing for severability; and providing for an effective date. City Manager Miller gave a presentation and said while most cities pay for the resource officers, Tamarac does not; from a policy standpoint, the resource officers should be paid for by the School Board or by the School Board and County Commission, as it is a regional issue. City Attorney Goren added Palm Beach County and Miami Dade County School Boards each have their own police. Commissioner Dressler praised the School Resource Officers for all they do in their respective schools, and said the real issue is double taxation. Vice Mayor Atkins -Grad commended Officers Del Sol and French, and it would not be good if we were to lose these positions. Commissioner Glasser said the bottom line is that we need the Resource Officers and Pagel of 9 June 08, 2009 we must make a concerted effort to make Broward County understand we cannot be without these officers. Commissioner Bushnell confirmed Tamarac is one of the few contract cities that do not pay for the School Resource Officers, and asked how much it would cost the City if the positions were turned down at the County level. BSO Chief Duguay said the total package for a Deputy if $158,000 per year. Mayor Flansbaum- Talabisco asked for a history of the contract negotiations and why we do not pay for School Resource Officers. City Manager Miller explained the City feels it is not the City's responsibility to pay for the officers although we do feel it is of absolute importance to have them for the security of the schools, and we were able to have them included as part of our negotiations over the past few contracts. Mayor Flansbaum- Talabisco asked if the City Managers' Association is sending a letter to the County and the School Board regarding payment of the Resource Officers and City Manager Miller said it is going City by City. We will see many Resolutions coming through and they will probably go to the League of Cities for discussion. Commissioner Dressler spoke about the section in the Resolution regarding the 50/50 payment and City Manager Miller said it is the middle of the school year and the School Board has not planned for this. The City Managers are of the opinion the 50/50 should revert in time to 100% paid totally by the School Board. 3. Item No. 6(h) on the Consent Agenda. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM APPLICATION: (TR11637) A Resolution of the City Commission of the City of Tamarac, Florida authorizing submission of a grant application, acceptance and execution of the grant agreement upon approval pending legal review in the amount of $544,900 to the U.S. Department of Energy for Recovery Act — Energy Efficiency and Conservation Block Grant program (EECBG) funds for the provision of an Energy Efficiency and Conservation Strategy, and all related equipment recommended for inclusion under this strategy. Assistant City Manager Phillips and Special Projects Coordinator Gresek gave presentations. Commissioner Dressler questioned putting out RFP's at the same time as we apply for the funding and Assistant City Manager Phillips explained the federal government requires the Resolution authorizing us to move forward to acquire the money. The first step provides for a strategic plan for energy conservation. Staff believes there will be a lot of opportunities for energy initiatives in the future and at this juncture we would like the Mayor and City Commission's approval. After that we have 120 days to identify the strategy for long term energy conservation, and we would look to a professional to develop the strategy. Commissioner Bushnell asked how long it would take to develop the strategy, the cost for a consultant, and whether we could incorporate a retroactive activity into the plan. Assistant City Manager Phillips and Special Projects Coordinator Gresek said we have 120 days to develop our strategy once we receive approval from the Mayor and City Commission. We are able to take a portion of the allocation for a consultant. Commissioner Glasser asked if we would need federal approval once we put the strategy together and Assistant City Manager Phillips explained after the consultant helps us develop the plan we come back to the Mayor and City Commission Page 2 of 9 June 08, 2009 and then to the federal government. Vice Mayor Atkins -Grad said she is glad to see there is no match requirement, and it is great to have more opportunities that will assist us being a green city. Commissioner Dressler confirmed the consultant cost is inclusive in the grant and questioned why, when we are Silver Certified, we need a consultant. Assistant City Manager Phillips replied while we could look at server virtualization, energy initiatives, and solar panels as a City, we need a plan; a long-term objective. We need to look at our carbon footprint and long term implications as well as how we can reduce that footprint. Mayor Flansbaum-Talabisco said she has been in Washington and worked with the Departments and Delegation, and it is in our best interest to hire a professional. The Department of Energy has resources available to us, as well as the U.S. Conference of Mayors and the Clinton Climate Initiative. Commissioner Dressler suggested looking at existing CIP's to fold them into energy conservation. Mayor Flansbaum-Talabisco added this is the biggest issue Mayors are dealing with, and DuPont and T. Boone Pickens also have a wide variety of resources available to the cities. 4. Item No. 6(b) on the Consent Agenda. PURCHASE OF SOLAR SALT FROM MORTON SALT: (TR11618) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve the participation in a Purchasing Agreement for solar salt for water treatment from Morton Salt, utilizing the Southeast Florida Governmental Purchasing Cooperative Group Bid #2009-004 for an estimated total cost of $42,124.50 annually, approving funding from the appropriate account; providing for conflicts; providing for severability; and providing for an effective date. Utilities Director Gagnon, Water Plant Superintendent Harvey, and Purchasing/Contracts Manager Glatz appeared. Director of Utilities Gagnon gave a presentation. Commissioner Dressler asked if the hydrogen gas could be used for automobiles instead of being vented into the atmosphere, and Director of Utilities Gagnon said we looked at that previously but not enough is generated to be useful. Commissioner Dressler questioned solar salt and Water Plant Superintendent Harvey explained the process by which solar salt is created. Commissioner Glasser questioned the $42,124.50 for the first year and Purchasing/Contracts Manager Glatz explained it is the rate the City of Boca Raton, which is the lead agency in the co-op, obtained in the competitive process. There are components to the bid, such as transportation, harvesting, etc., and costs may change. There is an escalation clause built into the contract. Mayor Flansbaum-Talabisco asked if our sister cities participated in this purchase also and Purchasing/Contracts Manager Glatz said not too many towns have the technology yet. Commissioner Dressler spoke of economies of scale. Vice Mayor Atkins -Grad questioned the increase since the last contract and Purchasing/Contracts Manager Glatz explained that the island where the plant is located suffered significant damage from the last hurricane that hit them, and they had distribution issues for quite a while. Director of Utilities Gagnon added when it comes to chemicals for water treatment, none are decreasing in cost. Page 3 of 9 June 08, 2009 5. Item No. 6(d) on the Consent Agenda. SECOND AMENDMENT - LARGE USER WASTEWATER AGREEMENT: (TR11631) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute the Second Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac for additional wastewater reserve capacity; providing for conflicts; providing for severability; and providing for an effective date. Utilities Director Gagnon gave a presentation. Commissioner Bushnell asked if reusable water has worked its way west, and Director of Utilities Gagnon said we will probably never see reuse water in Tamarac, but we will pay for the cost because we own 9.6% of the plant. Mayor Flansbaum-Talabisco said she serves on the Broward County Water Task Force and Director of Utilities Gagnon is on the Technical Committee. Tamarac is at the forefront of so many issues that other cities are just beginning to tackle. There has been talk at the task force about regionalization of these issues. Last Friday there was a meeting with the Palm Beach Task Force and there is talk of a reservoir in Palm Beach County to collect and hold stormwater to recharge the Everglades. By having part ownership in the plant we do not have to build our own plant, therefore saving the City money. There was discussion regarding the cost of water and water conservation. Deputy City Manager/Interim Financial Services Director Cernech praised Director of Utilities Gagnon on his guidance of Tamarac's Utilities Department and spoke of the fact that Director of Utilities Gagnon is trying to curtail any significant increases in water bills as we move forward. Mayor Flansbaum-Talabisco spoke of the probability of year round water restrictions. Vice Mayor Atkins -Grad said she is pleased to see the two new Commissioners getting involved in water matters. Mayor Flansbaum-Talabisco said any information received on any board or committee any one of the Commissioners sits on is disseminated amongst the collegial board. 6. Item No. 6(c) on the Consent Agenda. PURCHASE OF LIFEPAK 15 DEFIBRILLATORS/MONITORS: (TR11628) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to purchase from Physio-Control, a division of Medtronic, Inc., a sole source provider, five (5) LifePak 15 adaptive, biphasic cardiac defibrillators and monitors with related accessories and four (4) mobile battery service stations for a total cost of $120,677.86; authorizing the disposal of four (4) outdated cardiac defibrillators and monitors; providing for conflicts; providing for severability; and providing for an effective date. Division Chief Moral, EMS Division Chief Sheridan, and Purchasing/Contracts Manager Glatz appeared. EMS Division Chief Sheridan gave a presentation. Commissioner Dressler asked if the number of times the equipment is used in the field is tracked and EMS Division Chief Sheridan responded the four lead EKGs and 12 lead EKGs are tracked; some patients receive multiple shocks from the machines; however the machines are used daily. Commissioner Glasser asked if these machines are the same as the AEDs placed in clubhouses and restaurants throughout the City. EMS Division Chief Sheridan said those are different and are designed to be used by lay people. The machines in question today are for use by Paramedics. Commissioner Bushnell said she is happy to Page 4 of 9 June 08, 2009 see the old equipment will be traded in and asked if there are grant opportunities available. EMS Division Chief Sheridan said there are no grant opportunities available for this particular machine. Vice Mayor Atkins -Grad said she believes our vehicles have more up to date equipment than any others and asked what percentage of new equipment purchased over the last few years saved lives. EMS Division Chief Sheridan quoted several statistics which show the increase in survival rate over the past years and also spoke of the addition of a portable refrigerator to hold solutions. Mayor Flansbaum-Talabisco asked if the AEDs in buildings other than city facilities get updated periodically and EMS Division Chief Sheridan and Division Chief Moral explained during annual inspections the Fire Department checks to see if there are recalls on equipment and if so, they are reprogrammed. Commissioner Glasser questioned the life expectancy of the equipment and EMS Division Chief Sheridan replied 10 years. Mayor Flansbaum-Talabisco spoke of technological changes over the years. Commissioner Dressler left the room at 11:12 a.m. and returned at 11:15 a.m. 7. UPDATE RE: HURRICANE PREPAREDNESS: Division Chief Moral and Community Education Preparedness Specialist Schoen appeared. Division Chief Moral gave a presentation and said our biggest challenge is community complacency. Mayor Flansbaum-Talabisco agreed and said at meetings with Condominium and Homeowner Associations she has told residents they need to be prepared, and seniors need to establish emergency contacts and share this information with neighbors. Vice Mayor Atkins -Grad left the room at 11:23 a.m. and returned at 11:26 a.m. Commissioner Glasser said we need to get that information out to everyone, but not all the constituents have computers or access to twitter. Mayor Flansbaum-Talabisco suggested sending the information in utility bills repeatedly throughout the hurricane season. Commissioner Bushnell said her community has a volunteer hurricane committee and the residents have to sign up each year if they need assistance preparing for the season. Commissioner Dressler questioned an emergency plan for foreclosed or abandoned properties. Division Chief Moral said some concerns are addressed by Code Enforcement and Fire Inspectors who go through communities and do an assessment of construction and vacant sites. City Manager Miller explained we have a few days in advance of a storm where we utilize private contractors if something needs to be cleaned up. Commissioner Dressler questioned whether municipalities are able to do some things they usually do not do once a state of emergency is declared and City Attorney Goren said there are circumstances where we will adopt a resolution which allows the City Manager, Police and Fire to assume additional responsibilities. Commissioner Glasser asked if shelters are available in the area and Division Chief Moral said the county will open sites depending on the status of the weather. Mayor Flansbaum-Talabisco added Millennium Middle School is an animal shelter. Page 5 of 9 June 08, 2009 Commissioner Bushnell asked if an association has the right to go onto property that is in foreclosure, to which City Attorney Goren replied unless there is a provision in the condominium or homeowner association documents, it could be considered trespass. The government has superior powers to enter private property because of life, health and safety concerns. S. DISCUSSION RE: TRANSPORTATION SERVICE - TRIPS TO CORAL SQUARE MALL: Parks and Recreation Director Warner and Community Services Manager Maldonado appeared. Director of Parks and Recreation Warner gave a presentation, discussed various options and said at the recent neighborhood meetings residents asked for reinstatement of the Great Escape trips. Of the options researched the most revenue neutral is to offer one great escape trip and two shuttle trips per month with the requirement of pre -registration and minimum ridership. A city bus would be used with a contracted temporary driver; the trial period would be for three months. Costs to users would be calculated based on past ridership, the cost of the driver, maintenance and fuel. Sixteen riders is recommended in order to set a cost of $10.00 per round trip for the shuttle to Wal-Mart, the Mall, and the Casino. Past ridership for the Great Escape trips consisted of 20 riders per trip. Staff will continue to educate riders on connections to County buses and the City's route system. If the Mayor and City Commission were to approve the pilot program we would need to enter into an agreement with the vendor for drivers and then we would have to staff, schedule and publicize trips. It is hoped the pilot program will start in August. Vice Mayor Atkins - Grad said at first blush $30.00 per hour for a driver seemed high. Commissioner Bushnell questioned whether there would be enough time to advertise for ridership if we were to begin the program in August, and also questioned whether past riders were northerners who returned to Florida for the winter months. If that is the case the three- month trial beginning in August would negate the number of riders on the buses. Director of Parks and Recreation Warner said staff would look into the timing of the pilot program. Commissioner Dressler suggested the need for marketing focus groups to get a sense of what the people are willing to pay. Mayor Flansbaum-Talabisco confirmed if no one signs up would there not be a cost to the City. Commissioner Dressler said he is in agreement with a revenue neutral program, but he does not know if people are willing to pay $10.00 - $13.00 per trip. Director of Parks and Recreation Warner said focus groups may be something we will do as we move forward putting the program together. Commissioner Glasser questioned the Great Escape trips to the Casino and other special places and Director of Parks and Recreation Warner said there will be different destinations. The program was a victim of budget reductions. Commissioner Glasser asked if the current trips are paying for themselves and Director of Parks and Recreation Warner said they are with the County's assistance. Commissioner Glasser added the three month period selected for the pilot is not a good time because of vacations and people returning north. Director of Parks and Recreation Warner said the pilot can be postponed to October, November and December. Commissioner Glasser spoke of the fact that the County buses are not able to enter the Mall. There was a Page 6 of 9 June 08, 2009 discussion regarding the term 'revenue neutral'. Community Services Manager Maldonado explained if there is not enough ridership for a trip, the trip will be cancelled. Mayor Flansbaum-Talabisco asked that the focus group be made up of all ages, and asked that the timing of the program be revisited. Mayor Flansbaum-Talabisco also spoke of advertising. Mayor Flansbaum-Talabisco asked for an expression of interest to move forward with the focus groups and then the pilot program; all were in agreement. City Attorney Goren spoke of the agreement with Prestige Homes and distributed a draft resolution reflecting modifications to the December 2008 resolution for affordable housing. Mayor Flansbaum-Talabisco left the room at 12:03 p.m. and returned at 12:05 p.m. City Attorney Goren read Temporary Resolution 11641 by title, (a copy of which is attached hereto and incorporated herein as part of these minutes), which Resolution Mayor Flansbaum-Talabisco, Commissioner Bushnell, Deputy City Manager/Interim Financial Services Director Cernech, and Community Development Director Bramley would like to take with them to the County Commission meeting tomorrow. Deputy City Manager/Interim Financial Services Director Cernech also distributed a document called Sabal Palm/Monterey Housing Fund (a copy of which is attached hereto and incorporated herein as part of these minutes). The purpose of the draft resolution is to withdraw support for removal of the affordable housing language from the December resolution and garner support for the Affordable Housing Trust Fund. Commissioner Dressler seconded by Commissioner Bushnell moved a declaration determining the need for an emergency meeting of the Mayor and City Commission. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. Commissioner Dressler seconded by Commissioner Bushnell moved the recess of the workshop meeting and opening of the emergency meeting at 12:25 p.m. in Room 105, Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, FL. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Page 7 of 9 June 08, 2009 EMERGENCY MEETING CITY COMMISSION MONDAY, JUNE 8, 2009 CONFERENCE ROOM 105 City Attorney Goren informed the Mayor and City Commission that TR11641 is before them for consideration and discussion. Commissioner Dressler seconded by Commissioner Bushnell moved approval of Temporary Resolution 11641. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Bushnell confirmed the original resolution specifically addressed Sabal Palm only, but it is in the wind that Prestige Homes wants to combine Monterey and Sabal Palm, and they would like to move affordable housing to the Monterey project. City Attorney Goren explained the resolution only addresses Sabal Palm and if Prestige wishes to combine the developments they do so at their own risk, and they cannot move things around to avoid obligations. Commissioner Bushnell added when she spoke with County Commissioner Lieberman, the County Commissioner was adamant that the affordable housing component will not be removed. The purpose of this draft resolution is to forgive the 15-year clause. Deputy City Manager/Interim Financial Services Director Cernech said the down payment assistance is more palatable for us than the 15-year restriction. The Trust will assist income qualified people with their down payments, and the Trust Fund monies would be leveraged with other housing assistance monies. We believe this accomplishes the County's goal of sustained affordable housing. Deputy City Manager/Interim Financial Services Director Cernech discussed comparable projects in other cities where developers agreed to pay into Affordable Housing Trust Funds. Commissioner Glasser left the room at 12:37 p.m. and returned at 12:42 p.m. Mayor Flansbaum-Talabisco said Commissioner Bushnell has taken the lead in her district on this issue. Commissioner Dressler said the information in this morning's newspaper article is incorrect. Commissioner Glasser confirmed the County has jurisdiction over this matter. Deputy City Manager/Interim Financial Services Director Cernech said that is true and County Commissioner Lieberman is seeking direction from the City that County staff can support; the resolution in question will provide County Commissioner Lieberman with that information. The County put the deed restrictions in place and they are the only ones who can modify them. There was discussion regarding the upcoming meeting with the County Commission and Commissioner Dressler expressed concern that the language regarding affordable housing would be transferred to another project. City Manager Miller commended Community Page 8 of 9 June 08, 2009 1 [l Development Director Bramley and Deputy City Manager/Interim Financial Services Director Cernech and their staffs for working through extremely difficult negotiations. On roll call to approve Temporary Resolution 11641 Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Vice Mayor Atkins - Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2009-74 Commissioner Dressler seconded by Commissioner Glasser moved that one or all representatives of the City and County Commission make it clear that the affordable housing requirement is non-transferrable from Sabal Palm to any other project that may or may not come to fruition, and it is unacceptable to the City of Tamarac to make such a transfer of the requirement. On roll call Commissioner Dressler voted "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes", Vice Mayor Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Dressler seconded by Commissioner Bushnell moved adjournment of the emergency meeting and to reconvene the workshop meeting. On roll call Commissioner Dressler voted "yes", Commissioner Bushnell "yes", Commissioner Glasser "yes", Commissioner Bushnell "yes', and Mayor Flansbaum-Talabisco "yes". Motion carried. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the emergency meeting at 1:15 p.m. Mayor Flansbaum-Talabisco reconvened the workshop meeting at 1:15 p.m. with all present as before. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 1:16 p.m. ,rton-Swer!.soi QWIC Qty-.0 erk Page 9 of 9 June 08, 2009 Beth Flansbaum-Talabisco Mayor Temp. Reso.#11641 Page 1 of 6 June 5, 2009 CITY OF TAMARAC, FLORIDA RESOLUTION R2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, REPEALING RESOLUTION NO. R-2008- 191, IN PART; WITHDRAWING THE CITY'S SUPPORT FOR PRESTIGE HOMES OF TAMARAC, INC.'S ("PRESTIGE HOMES") REQUEST TO THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY TO ELIMINATE THE WORKFORCE HOUSING COMPONENT OF THE PREVIOUSLY RECORDED DECLARATION OF RESTRICTIVE COVENANTS FOR THE SABAL PALM PLAT GENERALLY LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND ROCK ISLAND ROAD; SUPPORTING A REQUIREMENT THAT PRESTIGE HOMES PAY A FIXED AMOUNT PER UNIT SOLD TO THE CITY TO BE PLACED IN AN AFFORDABLE HOUSING TRUST FUND TO ASSIST LOW, LOW -MODERATE, AND MODERATE INCOME HOME BUYERS IN THE CITY; AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO TAKE THE ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 2008, the City Commission of the City of Tamarac, Florida (the "City") adopted Resolution No. R-2008-191 (the "Resolution") providing for an omnibus review and reevaluation of the City's relationship with Prestige Homes of Tamarac, Inc. ("Prestige Homes"); and Page 1 of 6 SSG/JGH 6-5-09 C:\Documents and Settings\patt%oval Settings\Temporary Internet Files\Content.Outlook\NQNIRVOV\1'R 11641 (Prestige Homes - Amending 11535) alt 1 (2).doc Temp. Reso.#11641 Page 2 of 6 June 5, 2009 WHEREAS, the Resolution detailed, among other things, the City's support for Prestige Homes' request to the Board of County Commissioners for Broward County, Florida for an elimination of the workforce housing component of the Declaration of Restrictive Covenants imposed by Broward County for the Sabal Palm Plat generally located on the northeast corner of Commercial Boulevard and Rock Island Road; and WHEREAS, the Declaration of Restrictive Covenants, recorded on August 10, 2007 (Broward County Public Records, Official Record Book 44460, Page 1653), imposes certain workforce housing requirements on Prestige Homes, as well as other conditions and restrictions; and WHEREAS, since the adoption of the Resolution, the City, in a continuing good faith effort, has been working with Prestige Homes to facilitate the development of their property; and WHEREAS, as part of the ongoing dialogue between the City and Prestige Homes, the parties have been attempting to reach a publicly supportable agreement regarding the workforce housing component of Prestige Homes' development of the Sabal Palm Plat; and WHEREAS, despite their best efforts, the City has not been able to reach a satisfactory resolution with Prestige Homes regarding the workforce Page 2 of 6 SSG/JGH 6-5-09 C\Documents and Settings\patt\Local Settings\'Temporary Internet Files\Content. Out) ook\NQN I RVOV\TR 11641 (Prestige Homes - Amending 11535) alt 1 (2),doc Temp. Reso.#11641 Page 3 of 6 June 5, 2009 housing issues and is hereby withdrawing its support for Prestige Homes' request to Board of County Commissioners for the elimination of the workforce housing component of the Declaration of Restrictive Covenants; and WHEREAS, during the ongoing discussions with Prestige Homes, and after consultation with Broward County, it became evident to the City that the complete elimination of the workforce housing component of the Declaration of Restrictive Covenants was not a workable option; and WHEREAS, on May 20, 2009, Ralph Stone, Broward County's Director of Housing Finance and Community Development, after review of a proposed Land Use Plan Amendment for Sabal Palm, issued a memorandum, incorporated herein by reference, suggesting that there were a number of viable workforce housing alternatives for the subject property; and WHEREAS, after review of Mr. Stone's memorandum and reconsideration of the status of the discussions between the City and Prestige Homes, City Staff has recommended that Prestige Homes be required to pay a fixed amount per unit sold to the City to be placed in an Affordable Housing Trust Fund to aid low, low -moderate, and moderate income home buyers within the City; and Page 3 of 6 SSG/JGH 6-5-09 C:\Documents and Settings\patt\Local Settings\Temporary Internet Files\Content.Outlook\NQN1Rvov\TR 11641 (Prestige Homes - Amending 1.1535) alt 1 (2).doc Temp. Reso.#11641 Page 4 of 6 June 5, 2009 WHEREAS, this Staff recommendation is expressly reaffirmed as a potentially viable workforce housing option in the May 20, 2009 memorandum by Mr. Stone; and WHEREAS, the City Commission, having reviewed Staffs recommendation and other information associated therewith, requests that the Board of County Commissioners require Prestige Homes to pay a fixed amount per unit sold to the City to be placed in an Affordable Housing Trust Fund to aid low, low -moderate, and moderate income home buyers within the City; and WHEREAS, the City Commission further finds that such a workforce housing requirement is in the best interests of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. Section 2. The City Commission of the City of Tamarac, Florida hereby repeals Resolution No. R-2008-191, in part, as it relates to the workforce housing component of the Declaration of Restrictive Covenants for the Sabal Palm Plat. The City Commission hereby further requests that the Board of County Page 4 of 6 SSG/JGH 6-5-09 C:\Documents and Settings\patt\Local Settings\Temporary Internet Files\Content.0utlook\NQNIRVOV\TR 11.641 (Prestige Homes - Amending 11535) alt 1 (2).doc Temp. Reso.#11641 Page 5 of 6 June 5, 2009 Commissioners for Broward County require Prestige Homes to pay a fixed amount per unit sold to the City of Tamarac to be placed in an Affordable Housing Trust Fund to aid low, low -moderate, and moderate income home buyers within the City. Section 3. The City Commission hereby authorizes and directs the appropriate members of the City Administration to take the action necessary to effectuate the intent of this resolution. Section 4. The City Commission hereby directs the City Clerk to transmit a copy of this resolution to the Board of County Commissioners for Broward County. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. This Resolution shall become effective immediately upon its passage and adoption. Page 5 of 6 SSG/JGH 6-5-09 C:\Documents and Settings\patt\Local 5ettingffemporary Internet Files\Content.0utlook\NQNIRVOV\'1'R 11641 (Prestige Homes -Amending 11535) alt 1 (2).doc Temp. Reso.#11641 Page 6 of 6 June 5, 2009 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS _ DAY OF , 2009. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I Have approved this RESOLUTION as to form. CITY ATTORNEY CITY OF TAMARAC, FLORIDA BETH TALABISCO, MAYOR B. TALABISCO P. BUSHNELL D. GLASSER P. ATKINS-GRAD H. DRESSLER Page 6 of 6 SSG/JGH 6-5-09 C-0ocuments and Settings\patt\Local Settings\Temporary Internet Files\Content.Qutlook\NQNIRVOV\TR 11641 (Prestige Homes -Amending 1.1.535) alt 1 (2).doc Sabal Palm/Monterey Housing Fund Housing Assistance to be provided with funds from Prestige. ASSUMPTIONS: • Sales Price: $169,000 • Number of units originally set -aside for affordable housing: 109 Units • Current Proposal : Prestige sell 109 units at 5% below market rate. The amount associated with that proposal is as follows: $169,000.00 Current Sale Price - 8,450.00 Minus 5% discount $160,550.00 Discount Price $8,450.00 X 109 Units = $921,050.00 total contribution PROPOSAL: Prestige contributes $1 million dollars to the Sabal Palm/Monterey Housing Trust fund for the follow activities. 1750,000 to fund a Homebuyer Assistance Program specifically for Sabal Palm/Monterey units. Funds to be paid to City at the time of issuance of a certificate of occupancy. The City's Housing Division will qualify applicants interested in receiving assistance funds. Income limits for eligible applicants not to exceed 140% of the Broward County Area Median for 2009 as provided by Department of Housing and Urban Development on an annual basis. Assistance Amounts: $20,000 per Income Eligible Applicant $5,000 additional funds for Essential Services Personnel government February 25, 2009 Coconut Creek Public Assistance Housing Agreement Coconut Creek recently entered into an agreement with Lennar Homes to create a dollar -for -dollar match program to put funds into an affordable housing program for first time homebuyers who purchase within the newly developed Lennar project, Grand Cypress. The City's portion of the match came from the existing linkage fee fund. The City agreed to match up to $300,000 towards to Grand Cypress project. February 25, 2009